Ccj, baliffs please help!!

Sparx

@rae25 - whoever they are acting on behalf on, if they were instructed by the council directly then it will be the council you need to speak with. Did they leave you a card or paperwork with their details on? Might even be worth ringing them and being upfront about a payment plan.

Regarding the statute barred debt, as Arleen says this should've been argued before the CCJ was awarded. Again you would need to apply for set aside.. BUT before you even try throw money at doing this, you need to clarify if the debt IS in fact statute barred. When did he last make payment towards the debt? As this is when the 6 year timer starts from, not from when the debt incurred.

rae25_2

One debt is from solicitors and now a ccj the other is Council tax baliffs. I just hope someone can be reasonable and approachable and hopefully accept the willingness to pay something .

fatbelly

Rae - he's in a bit of a mess and some of the advice here is confusing.

Unless he has a very good reason to avoid insolvency such as he owns a house, or is in a job where it would affect his career he should consider it.

If he does not have much surplus income and doesn't own a car worth >£1k then a DRO would probably suit, and does the job for £90.

Can he post a statement of affairs?

rae25_2

He is making me ring the people tomorrow as he's too scared he'll give permission for me to talk on his behalf. If I mention he's looking at iva ( he has just started getting overtime so think a dro would backfire in a year) would they be more inclined to communicate? I'm so angry he's only now telling me and I'm trying to be sympathetic but my last partner of 12 Years was a gambling addict who gambled away 100,000 inheritance and then got 15k in debt. Debt I can handle, lies are killing me but I can't leave him high and dry. I've sorted one debt today but that's small and to the water so they've put in place a payment plan. It's the two big ones tomorrow so these total £6700 between them .

fatbelly

rae25 wrote: »

He is making me ring the people tomorrow as he's too scared he'll give permission for me to talk on his behalf. If I mention he's looking at iva ( he has just started getting overtime so think a dro would backfire in a year) would they be more inclined to communicate? .

No. Why would they be keen on getting maybe 25% of what is owed over a 5-year period?

I can't see an IVA as appropriate here, but I can't give holistic advice without the whole picture. Get him to come on here and give us an soa.

rae25_2

His soa leaves about 150 a month. He has a unit full of stuff when he split from his ex so worries that counts as assets a lot is personal belongings after he lost his mum. Moving that to my garage would save 100 a month. He doesn't want insolvency as there's the possibility of some outstanding ppi and also he may need to change his car as he uses it for business , he's a care supervisor so having no car means no job. Plus if he hammers the overtime or even gets a second job this could realistically be paid off in 18 months maybe less.

National_Debtline

Hi rae25


I think the most important thing to say here is council tax and county court bailiffs do not have the right to force entry into your boyfriend's property unless they have been inside before to make a list of his goods. He needs to keep his doors locked and not let them in. If he has a car he should keep it out of sight of the property for now.


If you can reassure him about the bailiff's powers, he can then take a moment to consider his best options. Self negotiating is certainly a way to deal with this if he doesn't want to consider insolvency. He will be able to make an application to the county court to suspend the bailiff's warrant and set up a payment plan, you can find out how to do that here https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx.


If he doesn't manage to get an arrangement in place with the council tax bailiffs and he doesn't let them in, the debt will eventually be passed back to the council. But it's important not to ignore the debt in the meantime. I'd suggest that either you or your boyfriend give one of the free debt advice charities a call to discuss self negotiating and his other options in more detail. Good luck with it all.


Susie
@natdebtline